HOW LATE THE PATENT CAN BE FILED IN VIETNAM?

Question:

Our client would like to file a patent application in Vietnam later, he disclosed his invention last month at an international trade show in the country A. We would like to know how late our client has to file the patent application in Vietnam so he can still protect his invention.

Answer

To provide accurate advice on the timing for filing a patent application in Vietnam after disclosing the invention at an international trade show in another country (Country A), it’s essential to consider the relevant patent laws and regulations in both Vietnam and Country A. However, as an approximation:

1. Grace Period in Vietnam: Vietnam operates under a grace period system for patent filings. This means that inventors have a certain period after public disclosure to file a patent application without losing their right to patent protection. In Vietnam, this grace period is 12 months from the date of disclosure.

READ MORE: Exceptions for novelty of patent in Vietnam

2. Date of Disclosure: The date of disclosure at the international trade show in Country A marks the start of the grace period. Therefore, your client would have 12 months from that date to file a patent application in Vietnam and still be eligible for patent protection.
3. Urgency of Filing: Given the importance of timely patent filings and the potential risks associated with public disclosure, it is advisable to file the patent application in Vietnam as soon as possible within the grace period to secure protection for the invention. Or the applicant can consider to file PCT application with designating in Vietnam. The exception of disclosure is also applied for PCT application.
4. Consultation with Legal Experts:

It is recommended to consult with patent attorneys or legal experts who are knowledgeable about both Vietnamese and international patent laws to ensure compliance and maximize the chances of successfully protecting the invention in Vietnam.

Additionally, it’s important to note that the specific requirements and nuances of patent laws can vary, so seeking professional legal advice tailored to the circumstances of the case is crucial for making informed decisions regarding patent protection in Vietnam.

For any free advice and quotation, please do not hesitate to email us at ip@anlis.vn